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THE COURT OF Appeal has overturned a ruling that a 76-year-old Russian man who claimed he was born in Dublin during World War II is entitled to Irish citizenship.
The High Court had ruled in 2015 that Sergey Chesnokov had established he was born on Dublin’s Henrietta Street in September 1940 and directed that his birth be registered here, entitling him to citizenship.
Today the appeal court found the documentary evidence did not support Chesnokov’s claim of being born in Ireland and overturned the High Court’s decision.
He had brought High Court an action against an tArd-Chláraitheoir (the Registrar General), who has responsibility for the registration of births, deaths and marriages, who had refused to register him as having being born in Ireland.
After assessing the evidence, including documents supporting his claim of an Irish birth, the High Court found that Chesnokov was born in Ireland and was entitled to have his birth registered here.
The Registrar appealed that finding, which Chesnokov’s lawyers had opposed.
In its judgment, delivered this morning, the three judge Court of Appeal unanimously upheld the appeal. Chesnokov was not present in court for the decision.
In her judgment Justice Mary Irvine said the evidence submitted by Chesnokov was “not adequate to establish as a matter of probability that he was born on the date and at the location alleged so as to warrant the registration of his birth as having so occurred”.
The judge also found that Chesnokov’s appeal against the Registrar General’s original decision not to register his birth had been brought out of time.
Justice Gerard Hogan said the case had raised a number of “unusual features”. However he was satisfied that An tArd-Chláraitheoir was entitled, on the documentary evidence produced, to reach the conclusion Chesnokov had not established on the balance of probabilities that he was born in Dublin in 1940.
The judge said he disagreed with the High Court’s conclusions drawn from the documentary record produced in support of Chesnokov’s claim. It was for that reason and that reason alone he said why the appeal should be allowed.
Justice Mary Finlay Geoghegan agreed with both judgments. As a result of the decision the High Court’s order that Chesnokov’s birth be registered here is to be vacated.
The matter was adjourned for a week to allow both parties consider the decision.
Family ties
Chesnokov’s son now resides in Ireland and Chesnokov had sought Irish citizenship so he could travel here and be involved with the life of his grandchild. In his application he also gave an undertaking not to apply for any social welfare payments from the Irish State.
Chesnokov said he was born in Ireland in late September 1940 in a room at 5 Henrietta Street. His aunt was the only person present with his mother Liubov at the time of the birth. He claims his aunt and mother came to Ireland from England during the London Blitz.
Shortly after Chesnokov’s birth his mother and aunt returned to the then USSR.
His birth was registered with the Soviet authorities in October 1940, but was not registered with the Irish authorities because of his parent’s fears it might be seen as anti-Soviet.
It was not known why his mother had been in the UK, how she came to Ireland or how she returned to the Soviet Union.
Chesnokov claimed all his official documentation, including his trade union card, passport, marriage and drivers licence, recorded his place of birth as being Dublin, Ireland.
There was also declarations from family and friends of Chesnokov’s family to support his claim. After assessing the evidence the High Court found in 2015 that Chesnokov was born in Ireland, and was entitled to have his birth registered here.
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Tis like watching a car crash in slow motion
@qffaffaf affrafrfraf: over, and over and over again
Good man Joe. Feed your own ego and hand Trump the presidency.
@Ger Whelan: exactly.
Yeah he’ll definitely just get sharper as time goes by, that’s how it works doesn’t it?
All joking aside, his family and those around him should be facing charges.
@marklars81: Facing charges for what? Other than the recent Hunter gun / drugs thing, what did the rest of them do? There is only one candidate in the race who is a proven sex offender and convicted felon and fraudulent liar, with plenty more charges yet to be heard.
@Kevin Collins: you need to broaden you information/news net
@Oh Mammy: I did just that recently and let me tell you that it’s a huge relief just believing whatever I want to believe and not bothering about finding reliable sources of info (i.e. having to watch them carefully over time to see how accurate & consistent they are), cross-checking info between different sources, etc. Now I can just kick back and dismiss anything that contradicts what I’ve accepted as other people just being jealous of my vast intellect and infallibility.
@Kevin Collins: Gaza ?
@Kevin Collins: plenty more charges to come, god it’s great to be on the inside track like you!
@Kevin Collins: Maybe elder abuse.
The media bear a lot of responsibility. The mainstream US media is extremely partisan . Virtually all of their coverage of Biden has been favourable, they tried to discredit anyone, even those on the left, who brought up his cognitive decline and age. Now that it can’t be denied anymore, they’ve turned on him and all of a sudden its all they talk about.
Comical. He might still be forced out.
Awful. Old men trying to hold on to power.
Reminds me of commenters here willing to support the academic Ponzi scheme where a group of dangerous modellers care nothing for society only their lucrative self-importance.
@Gerald Kelleher: Funny enough your mindless rambling reminds me of Joe Biden.
@Ger Whelan: Biden makes more sense than Gerald
@Ger Whelan: I don’t react to commenters like yourself; however, I can remind others that I know all too well that the same misguided comments directed at me are the same ones that will get people like the ex-President elected and from the same level of consideration.
@Gerald Kelleher: More useless rambling from you.
@Gearoid MacEachaidh:
The modelling community doesn’t even like you for your insignificance to them and would not even come here to engage with you, as you are just cannon fodder to them. They are people with no perceptive abilities other than to fund their lucrative agenda, which can’t even be dignified as extreme.
I come to the Journal and see a more balanced perspective emerging. Environmentalists can still have their pollution concerns, but rather than weaponising this through an ideological one-world UN government, they can demonstrate to society genuine research, which has been missing all along, for a greater appreciation of the planet.
Climate isn’t the problem; mathematical modelling is.
@Ger Whelan: Not all commenters are Royal Society rednecks with Irish names. That is the best I can do for you unless you continue to beg like so many others for a reaction in the absence of anything meaningful to say.
The playback of the experimental theorists is to get the cannon fodder to do their dirty work for them and lower the standard of consideration through slogans, reactions, dehumanisation and all the other worthless comments meant to distract from topics and ideas.
Weak men create weak societies, so while you enjoy being mediocre, others with higher considerations do not.
@Gerald Kelleher: Blah blah, Blah blah blah blah, blah blah blah, blah blah blah blah that about the jist of your rant?
@Ger Whelan:
Although young, many of you have become old men by following the imperatives of old men who do not want to give up their lucrative social station.
I do not generalise scientists as many do; I isolate experimental theorists or scientific method modellers and their toxic influence on young people. You are a victim, and your reactions mark you out that way without any glimpse of a better world than the dire conclusions of the modelling community.
Many Americans would prefer to vote for and listen to mind-numbing junk from a social psychopath than listen to a bunch of self-serving academic psychopaths who have convinced many in humanity that it can control the weather.
I wish you were young but you choose to react rather than respond. Such is a slave to old men.
@Gerald Kelleher: that was not reacting?!
@Evan Keane: Yea Gerald I’m reading the rants you post. But it’s good to see you’re not taking the bait and over reacting.
@Ger Whelan: Weak men make weak societies if that is all you can manage to take from the comments.
@Gerald Kelleher: hey you kept your rant short. So I’ll read it. No weak men say one thing and do another. Much like you on this thread. I won’t react, yet here you are reacting because you can’t help yourself.
@Ger Whelan:
I won’t say God help Ireland, just help those who appreciate that getting old to practice politics happens, but people stay young by appreciating the planet and life on it.
All these are responses to what is possible, not reactions to those who sold their youth to a subculture.
@Gearoid MacEachaidh: three Ger’s walk into a bar …
@Gerald Kelleher: Ah your back to long useless rambling again.
Darwin pegged the Irish as an unaspiring, superstitious and subservient ‘race’, and sometimes it seems the Journal and most of the commenters want to prove him correct and true.
Being slaves to a subculture that some call secularism but is really scientific method empiricism can be an unpleasant encounter but worth it when the opportunity to remove prejudice in all human enterprise is at stake.
Time for commenters to be more considerate and less reactionary.
@Gerald Kelleher: No idea what you said because I ain’t bothered to read it. But I tell you it’s a good thing you didn’t react to what I said. Otherwise we’ll be here for days
I am Democrat all day….. but he needs to be challenged.
@Sean O’Dhubhghaill: At this rate Biden is Trump’s biggest asset in his presidential campaign.
Ai Joe speaks better than real Joe. All the Best.
Is it a bird? Is it a plane? Nope, it’s Donald Trump!
If you truly want Trump to lose, you need Biden to go
@Mr Sparkle: Very true
Joe Bidens’ record as president is clear. He’s presiding over a booming economy, record jobs, etc. Even if the choice is him or a convicted criminal, sex offender, narcissistic, lying, cheating lunatic that cares for no one only himself. Joe Biden should win it hands down.
@Ian: The irony of it is that by Biden forcing people to make the decision you are asking them make will hand Trump the presidency. Trump will beat him easily and that’s why he’ll be replaced.
@Ian: if ever anybody needed proof the president runs nothing in the US, Joe Biden is that proof. They might think they are democratically electing a leader to run things but really the president these days is just a mascot. The days of real leaders like Kennedy or Roosevelt are long gone. Groups in shadows run things now.
@Ian: Yes, but at what cost. Look at their national debt. Just printing money to make the economy look good. Not just Joe, being going on since Carter. An economic disaster waiting to happen.
@Ian: His booming economy and record jobs are not making the working class Americas better off. There are hundreds of thousands of homeless Americans literally tent villages in some cities, people can’t afford the bacis. Then they see their president sending hundreds of billions to fight wars on 2 different contents while telling China that it’ll Defend Taiwan should China invade it all the while admitting the US does nto recognise Taiwan’s independence and still see it as part of China. Whereas Don Trump is saying he’ll stop all that and look after the Americans. Guess who the Americans are learning towards.
@did you every wonder: Not really. The US is the strongest of the worlds largest economies. They dominate basically every sector and will dominate future sectors too esp AI. Their demographics aren’t too bad either, more young people, better at integrating immigrants, etc. Europe is in much more danger of terminal economic decline and possibly massive social unrest in the future.
@Eddie Garvey: he wish only compos mentis between the hours of 10am to 4pm according to white house insider reports.
Away with the fairies after that. Doesn’t work wkends either. It’s a crèche.
@Sickof thisshit: I read that, had a good chuckle, it’s amazing what people will believe and accept, should be an IQ test to be allowed vote, I know primary school children with more common sense than voting adults
Booming economy? The jobs “created” are rubbish jobs. Going back to reading other sources, go to the government site and read it for yourself. It’s all in their data
Challengemehnextmothimpresidentmurica trains.
@Stephen Gaffney: Exactly. Just what I was thinking.
@Sean O’Dhubhghaill: hahahah
Hmmm… I wonder how much Trump and Putin and Xi Jinping are paying the Biden family to get Joe to stay in the race? A new conspiracy theory begins to take shape! “It’s twue, it’s twue!” As Lili Von Shtüpp might say…
The media and Democratic party have turned on Biden and people are now only noticing what was obvious for more than 4 years. The electorate are mostly dunderheads. We get the politicians we deserve. I’m not afraid of the government. I’m afraid of my brain dead neighbours. We already found out who is a functioning human during covid. Very few have changed. They only know what RTE/BBC/CNN tell them.
I guess the pro Trump are more than happy about it. Embarrassing.
I don’t think he’s getting the urgency of the problem. They need to get him out in the next week or two not a month from now.
I wouldn’t worry I’m sure he’ll have forgotten he said it tomorrow. What a state of affairs, like them or hate the the American’s have some real heavy weights of Conservative thought and all they can muster is a crook and a guy who makes it look like Jimmy Carter should get another term.
I don’t accept that Biden (at his age) should be running for re-election. That seems self-evident. However, there are two major and unique factors in play. One is that many Americans will have at least one (and most likely several) reasons why they absolutely cannot vote for Trump (reproductive rights, the Supreme Court, etc.). The other factor is that Trump is without precedent in terms of unfitness and inability to do the job and will just claim election fraud regardless of the verified results. So those are still two major reasons why it doesn’t matter about Biden in relative terms…..even though in practical terms it should. And bear in mind that Trump boasts about taking two cognitive tests…….so the first one he took didn’t dispel the reasons why he had to take the test. A cognitive test is only given if there is substantial doubt about the testee’s mental functionality.
@Numinous20111: I think only a few commenters get it. One runs on a bright future for America, while the other runs with the modelling community and dire predictions of impending planetary doom.
Running to prevent someone from staying out as they did in 2020 will not work now. With all the trappings, any type of power over society must be hard to give up, and some will do desperate things for that experience.
Like most volunteers and I, people should try doing something without financial and reputational gain and the real rewards it gives. Cut the toxic circle of funding, and the Earth-on-fire will go out. If the modelling community cares so much for humanity, let them do it as a vocation rather than a job.
I am leaving this country soon with all the memories of fair people with generous souls who have departed the land and been replaced with… what? Some still retain the traditions in music and other cultural persuits, but in a country where spirituality dies, then so does creativity eventually.
No Country for Old Men
“An aged man is but a paltry thing,
A tattered coat upon a stick, unless
Soul clap its hands and sing, and louder sing
For every tatter in its mortal dress,
Nor is there singing school but studying
Monuments of its own magnificence;
And therefore I have sailed the seas and come
To the holy city of Byzantium.” Yeats
https://www.yeatsvision.com/Mental.html
Some people are born young and stay that way, and some die when they sell their youth for a pittance.
You go Joe/Jill in your efforts to keep Hunter out of jail!
One candidate we fear, the other we belittle. Hmmm.
Two factors about Biden: His family are pushing him to rule, and his backroom boys are obviously pulling his strings. Is Biden at the helm, or simply a poster boy for unelected individuals?
How has it come to this? A 79 year old convicted felon and a liar vs an 81 year old man who can’t string a sentence together. They wouldn’t get a minimum wage job in Ireland
.
have your say